plight of pre-trial detainees and the question of access to justice in nigeria

plight of pre-trial detainees and the question of access to justice in nigeria; the role of law clinics (a case study of afikpo and abakaliki prisons)

introduction

1.1       Background of the Study

Imprisonment is a measure which results in cutting off an offender from the outside world. The purpose of imprisonment is to protect the society and reform those who are involved. However, the question one asks or should reasonably ask is, who then are pre-trial detainees? Are they prisoners too?

In the English language word alone, people in detention are referred to variously as “remand prisoners”, “remandees”, “awaiting trial detainees” “untried prisoners” and “unsentenced prisoners”. In countries with other languages and different legal traditions and cultures, the term for detention vary too.

Penal Reform International identifies pre-trials detaineesas “prisoners in pre-trial detention or on remand, are those who have been detained without a sentence and are awaiting legal proceedings. They are also known as untried or unconvicted prisoners”.

Indeed one can get lost in the numerous ways of classifying inmates. But all criminal justice systems differentiate between sentenced and unsentenced prisoners. From the fore-going it is clear that it will be most inappropriate to classify all the inmates of a prison formation as prisoners. Hence, the term Pre-trial detainees.

These pre-trial detainees are a class of inmates who are either awaiting the completion of their trial or whose trials have not even commenced at all. [Read more…]

Impact of Industrial Conflict on the Economy and Legal System of Nigeria

 Impact of Industrial Conflict on the Economy and Legal System of Nigeria

BACKGROUND OF THE STUDY

Industrial Conflict:The “freedom in conducting a trade is not absolute or unconditional. It is only a particular aspect of the citizen’s right to personal freedom and, like other aspects of that right to qualified by various legal limitation either by statute or by common law”. This is true of Trade unions as it is of any other institution or an individual.

The Initial reaction of the law toward trade union and strike was very hostile concerted activities, even the formation of a union, were treated as criminal offences. Yet at this same time the state allowed businessmen to combine to create huge enterprises. In the face of this Lopsidedness, sympathizers of labour contended that there was no way labour could defined its interest against the power of the employer. [Read more…]

Problems /Conflicts Arising or Associated With Divorce

The Problems /Conflicts Arising or Associated With Divorce Thus the Legal Effect of Divorce

Chapter One

General Introduction

Background of the Study.

Divorce :Marriage is the union of a man and a woman who makes a permanent and exclusive commitment to each other of the type that is naturally fulfilled by bearing and rearing children together, and renewed by acts that constitute the behavior part of the process of reproduction. The marriage institution is recognized and respected world-wide. It is founded and governed by the social, legal and religious laws of the society where it takes place.

Marriage is uniquely beneficial to society because it is the foundation of the family and the basic building block of the society. The benefits of marriage to couples and the society as a whole include stability and meaning to human relationship, it remains the ideal means of child raising and it also plays an important role in transmitting of culture and civilization to future generations. Marriage is not merely a private contract but a social institution of great public value and concern. [Read more…]

Rule of Law and Constitutionalism in Nigeria

  Rule of Law and Constitutionalism in Nigeria

Aristotle while searching for a suitable and permanent means of subjecting governmental power to control argued that government power by law was superior to government by men. In his words:

“It is preferable that law should rule other than any single one of the citizen…he who asks law to rule is asking God’s intelligence and not others to rule while he who asks for the rule of a human being bringing in a wild beast, for human passion are like wild beast and strong feelings led astray rules and the very best of men: In law you have the intellect without passion”.
[Read more…]